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An ordinance amending Titles 2, 6, and 16 of the Metropolitan Code of Laws to establish a mobile food vendor permit to be required for the operation of mobile food vendors within Nashville and Davidson County.
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NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 2.88.100 of the Metropolitan Code is amended by deleting the section in its entirety and replacing it with the following sections:
2.88.100 - Mobile Food Vendors.
The board of property standards and appeals is also empowered to hear matters involving Mobile Food Vendor permits as set out in Chapter 6.56 in the metropolitan code.
2.88.110 - Appeals from director and or board decisions.
Any person aggrieved by the decision of the board or by an order of the director, may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Section 2. That Title 6 of the Metropolitan Code is amended by adding the following as a new Chapter 6.56:
Chapter 6.56 - Mobile Food Vendors
6.56.010 - Definitions.
For the purposes of this chapter:
“Commissary” means a permanent designed for the purpose of storing foods and single service items, storing the mobile food unit, equipped with a three-compartment commercial sink with drain boards at each end, and have a servicing location for the disposal of wastewater and the cleaning of the mobile food unit.
“Mobile food unit” means a motorized or non-motorized vehicle, trailer, or cart or a non-permanent location or structure set up in such a manner to sell, serve, and/or dispense food or beverages for intended immediate consumption.
"Mobile food vendor" means a person or business that sells, serves, and/or dispenses food and beverages intended for immediate consumption from a mobile food unit.
“Mobile food vendor park” means three or more mobile food vendors located on the same lot and including fixed utility hookups, pad sites for multiple mobile food vendors, and shared amenities including seating, waste receptacles, and restrooms. For the purpose of this definition, a portable toilet facility shall not be considered a restroom.
6.56.020 - General Requirements.
A. Mobile food vendors shall meet all standards and requirements of the Metropolitan Public Health Department.
B. Mobile food vendors shall meet all standards and requirements of the Nashville Fire Department Fire Marshal.
C. Mobile food vendors shall meet all standards and requirements of the Department of Water and Sewerage Services.
D. Mobile food vendors operating within the public rights-of-way shall meet all standards and requirements of the Nashville Department of Transportation and Multimodal Infrastructure.
E. Mobile food vendors operating outside of a mobile food vendor park shall provide lidded waste receptacles with a minimum total capacity of 64 gallons. Mobile food vendor parks shall provide a minimum of 64 gallons of waste receptacle capacity per mobile food vendor pad site within the park.
F. Mobile food vendors shall maintain the area around their mobile food unit in a manner that is free from rubbish, trash, or discarded food waste.
G. Mobile food vendors operating on a lot outside of a mobile food vendor park, as determined by the department of codes administration, shall meet the following:
1. No more than one mobile food vendor may be located on a lot at any given time;
2. A mobile food unit not in operation shall be returned to its commissary when not in operation;
3. The mobile food unit shall be located at least ten feet from any property line; and
4. A site plan showing the location of the mobile food unit on the lot shall be required.
H. Mobile food vendor parks, as determined by the metropolitan department of codes administration, shall be regulated as follows:
1. Mobile food vendors shall only operate on a designated pad site;
2. A mobile food unit not in operation shall be returned to its commissary when not in operation;
3. All governing regulations of Title 17, the zoning code, shall be enforced by the metropolitan department of codes administration as applicable.
6.56.030 - Permit required
A. No mobile food unit shall operate outside of public rights of way of the metropolitan government without an owner or operator having first obtained a necessary permit issued by the department of codes administration. Each certificate shall be valid for one year and shall be subject to renewal pursuant to the provisions set forth in this chapter.
B. It shall be unlawful for any person to operate a mobile food unit outside of public rights of way of the metropolitan government which does not have a valid permit issued through the department of codes administration and affixed to the mobile food unit.
C. An application for a permit shall be filed with the department of codes administration. The application shall require a commercial permit application and a site plan for the location in which a mobile foot unit shall operate. The site plan shall include the location of the food truck and other existing structures, parking, and drive isles. The site plan shall also indicate the distance of a food truck to existing structures and front, rear, and side property lines with the necessary distance requirements as required by section 6.56.020 of the metropolitan code.
D. No permit issued pursuant to this chapter may be assigned, transferred, sold, or given from one person or entity to another without the express written approval of the department of codes administration upon the filing of an application for such a transfer. For the purposes of this chapter, a transfer includes a change in control of the certificate holder.
E. The department of codes administration shall track all permits. After the renewal period, if a permit has not been renewed it shall be determined to be void.
F. This permit does not supersede any separate inspection or permit required to operate under state or local law or regulation, including but not limited to permits from the Metropolitan Public Health Department, the Nashville Department of Transportation and Multimodal Infrastructure, and the Nashville Fire Department Fire Marshal.
6.56.040 - Annual renewal
A. All permits issued under the provisions of this chapter shall expire April 30 of the year following the date on which the permit was issued. All permits may be renewed by the director of codes administration, or his or her designee, for each successive year between April 1 and April 30 of each year, if the applicant meets all applicable standards for a renewal as established by the department of codes administration. A renewal fee for each approved permit shall be charged at the annual renewal of the permit.
B. All applicants for renewal must be current with all assessments and taxes due to the metropolitan government.
C. If a permitted mobile food vendor fails to renew prior to the end of the renewal period, the license shall expire and the renewal applicant shall be treated as a new applicant.
6.56.050 - Suspension and Revocation
A. A permit issued under the provisions of this chapter may be revoked, suspend, placed on probation, otherwise restricted, or not renewed by the department of codes administration if the holder thereof has:
1. Violated any of the provisions of this chapter or failed to comply with any conditions of the permit;
2. Failed to pay assessments or taxes due to the metropolitan government; or
3. Made a misrepresentation or false statement when obtaining or renewing a permit.
B. Prior to any action to revoke, suspend, place on probation, otherwise restrict, or not renew a permit, the holder shall be given notice to the address listed on their permit of the proposed action to be taken and shall have an opportunity to be heard by the board of property standards and appeals.
C. Appeals to the board of property standards and appeals shall occur according to the procedural rules adopted by the board.
6.56.060 - Public Nuisances
All mobile food vendors that fail to meet the requirements of this chapter are declared to be dangerous to the public health or likely to cause disease and hereby declared public nuisances.
Section 3. That Section 16.24.330 of the Metropolitan Code is amended to add the following as a new subsection L and renumber the existing subsection L and all subsequent subsections:
L. Properties containing mobile food vendors shall comply with all relevant provisions of Chapter 6.56 of the Metropolitan Code that pertain to the siting and general property maintenance of the area around the mobile food vendor.
Section 4. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.